What Is a Parole Board Hearing?
Most offenders sentenced to a term of imprisonment will receive a prescribed ‘non-parole’ period. Before an offender is released on parole, they must serve their non-parole period, and then they will be subject to a private or public hearing conducted by the State Parole Authority.
Whether a hearing will be private or public will depend on whether the offender is classified as a ‘serious’ or ‘non-serious’ offender. Most offenders will not need to ‘apply’ for parole in the first instance, as the law prescribes that the Parole Authority must consider whether they should be released on parole once they become eligible.
Why you should choose Elite Defence Lawyers?
We provide our clients with a free consultation to understand their cases and provide insight on how we're able to assist in their representation. We use our skills and to best develop the best outcome for our clients no matter the case.
We understand that our clients may need the assistance of a lawyer at any time. We provide 24/7 assistance for our clients that include quick bail applications, instant legal advice on court proceedings and more. We provide around the clock assistance via phone or email
With experience in the Criminal Defence Law we understand all possible outcomes for our clients. With this we’re able to create and develop strategies to achieve what we feel is best for our clients
We pride ourselves on having high client retention, building ongoing relationships with our clients time and time again. Our clients know that they're able to trust Elite Defence Lawyers in any and all instances.
Types of Parole Hearings We Can Assist With
The State Parole Authority handles a number of different parole matters at different stages, as well as whether Intensive Correction Orders should be revoked or reinstated. It is integral to obtain experienced and detailed legal advice to ensure you are aware of what stage the proceedings are at and what is necessary in terms of preparation.
Initial Parole Consideration Hearings
If the matter involves a ‘non-serious’ offender, a private hearing will take place with panel members from the State Parole Authority. They will decide whether or not an offender should be granted parole. They will analyse a number of materials, including an offender’s criminal history, their behaviour in custody, the Judge’s sentencing remarks, any reports from doctors, psychologists or psychiatrists, and any reports from Community Corrections.
Following this step, a public hearing may occur in circumstances where the board assesses that an offender was not suitable for parole and the offender would like to make further submissions arguing why parole should be granted. On the other hand, a ‘registered victim’ may make an application for a public hearing where a determination is made that parole should be granted.
In all circumstances, serious offenders will go before a public hearing. This is a hearing in which you can have an experienced lawyer make submissions on your behalf as to why parole should be granted. The Serious Offenders Review Council will also prepare a report opining whether parole should be granted or not.
Parole Breach Hearings
Breaches of parole occur when an offender fails to comply with any of their conditions. If you breach your parole, there are a few options and processes.
If it is a minor breach, Community Corrections (i.e., your parole officer) has the ability to provide a warning, record the breach and take no action, impose a curfew, or give further directions to the offender.
If the breach is considered more serious, Community Corrections will notify the State Parole Authority by submitting a Breach Report.
The State Parole Authority can decide to:
Revoke (i.e., remove) the parole order by issuing a warrant for the offender’s arrest and return to custody (i.e., taking them back to gaol),
Adjourn the matter to wait for any court results (i.e., if the breach is fresh charges) or to obtain updated information from Community Corrections (i.e., further reports or assessments),
Issue a formal warning,
Impose additional conditions,
Impose a period of home detention for up to 30 days, pending an assessment of suitability by Community Corrections, and
Take no action and note the report.
Legal representation can help argue for reinstatement or reduced consequences. Whilst breaching your parole is a serious matter, it doesn’t always mean returning to custody.
Parole Reconsideration Hearings
Parole decisions can be reviewed and revisited if new information arises. Review hearings can occur for those where parole has been refused or for offenders whose parole has been revoked. Legal support can assist in preparing additional evidence or arguments that weren’t originally presented to the board. It can also assist in ordering new reports from Community Corrections or medical experts, as well as building a feasible plan for a return to the community.
Factors the NSW Parole Board Considers
The State Parole Authority will consider whether the offender poses a risk to the community. As part of this consideration, they will assess rehabilitative efforts made, whether remorse has been expressed, any support or treatment plans in the community, as well as someone’s behaviour in custody and any past compliance with court orders.
The board receives numerous reports from psychologists, psychiatrists and doctors, as well as Community Corrections, who can assess suitability for supervision, programs, and Community Service Work. Experienced lawyers can help present balanced submissions highlighting readiness to re-enter the community and live a productive life. It is integral to have someone by your side who can present clear and persuasive arguments to improve outcomes.
Facing Criminal charges and seeking representation?
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
Preparing for a Parole Hearing
In preparing for a parole hearing, it will be important to analyse any available reports from Community Corrections and any materials presented in the sentencing court for the matter. Other steps will include gathering references as well as a plan for release in terms of residence, any treatment plans, and any employment prospects. Legal assistance can assist in ensuring submissions made to the board accord with what the State Parole Authority prioritises.
Why Choose Elite Defence Lawyers for Your Parole Board Hearing?
At Elite Defence Lawyers, we represent clients in State Parole Authority (SPA) matters across NSW. Our lawyers have extensive experience preparing and presenting persuasive submissions before the Parole Board, ensuring every case is supported by strong evidence and rehabilitation material.
We assist with writing, reviewing, and presenting submissions, as well as addressing any concerns raised by Corrective Services or the SPA. Our firm offers fixed fees, strategic case-building, and coverage across Greater Sydney and regional NSW.
If you or a loved one is approaching a parole hearing, contact our team today for expert preparation and representation to give you the best chance at release.
